Q. I have been with my girlfriend for a long time and we got engaged on Valentine’s Day. I saw text messages on her phone I didn’t like and asked her about it. Now she says I am jealous and broke off the engagement, but she won’t give me the ring back, even though I asked her a bunch of times. How can I make her give me the ring back since she is the one who broke my heart? Dwayne A. Sorry to hear about your situation, break ups can be hard on everyone. Believe me you are not the first person with this issue. In fact, California has enacted a law that covers this topic. The California Civil Code § 1590 states: Where either party to a contemplated marriage in this State makes a gift of m

Q. What’s going on at the Law Library? There is yellow caution tape across the stairs to the second floor, which is closed to the public, and there’s a whole lot of banging and clanging going on up there! Ted D. A. Sorry about the noise and disruption, Ted! We’re doing our best to keep it quiet, but the sound you hear coming from the second floor is the result of having workers dismantle our rather large shelving units--we’re preparing for our move to a new facility about two blocks on the other side of the courthouse. The Law Library and Civil Self-Help Center will be closed starting at noon on Friday February 10. We expect to open in our new location at 609 9th Street (corner of 9th &

Q. I want to sue my tenant for property damage in small claims court. He left no forwarding address, and has abandoned his tenancy. He has no job. He gets his money from alimony and child support. However, I know that he picks up his kids from the school. Can I use my adult son to personally hand deliver a summons to him when he is with his kids at school? What are the rules? -Myrna A. There are requirements to ensure proper service of process, but first you may want to try discovering your ex-tenant’s address; it may be easier than you think. The Sacramento County Public Law Library(SCPLL) has created a guide on Finding People and Businesses, detailing some common ways in which people (

Q: In July 2011, I contracted a new driveway for my home. The cost was $3300. I paid extra for cement coloring. My tenant parked his car on the new driveway and caused permanent stains on both sides of the driveway due to leaks from his vehicle. In October 2011, he tried cleaning it but was not successful. He gave me a hand written note giving up on cleaning the stains. In November 2011, I hired a professional to clean the stains and not all of the stains were removed. He refuses to pay for the damage on the driveway or claim fault for his negligence. This incident has caused a disharmony between us. He knew his vehicle needed repair but was too lazy and stingy to repair his car. We have a

Q. I am involved in a Sac small claims action that continues to be postponed by the Defendant. I'm trying to get the matter over with. So now I'm wondering: what does "Form SC-105, SC Order and Answer do? Is it a way to expedite a case or ask a judge to review my evidence and rule in advance? The small claims advisors don't return calls and don't answer their phone. Any assistance would be appreciated. Thank you Carol A. I understand your frustration in wanting to resolve your matter as quickly as possible! Form SC-105 is a generic motion form. It is used to ask the court to make a decision about a specific issue in your case, such as amending a judgment to include other names the defen

Q. I am the Judgment Creditor in a small claims case. My judgment was by default. In lieu of a debtor’s examination I am planning to use interrogatories. Is my debtor entitled to a witness fee? Also, is a judgment debtor entitled to witness fees for coming to a debtor’s exam? Thank you, Grant A. Good news! You will not need to pay the debtor any witness fees. After plaintiffs win a judgment, they are on their own trying collect it from the defendants (now called the "debtors"). In order to find out what assets the debtor has, and where they are located, plaintiffs are entitled to do post-judgment discovery, including interrogatories and an in-person debtor's examination. The law author

Q. Hello, I found your website and I have a question about fireworks. I happen to have been born on New Year's Eve and always thought it would be fun (weather permitting) to have some of the Red Devil fountains to light . . . I guess they are called safe and sane now . . . in my day, that meant Red Devils! So, is it legal to set off California legal fireworks any time of year? If not, would I need a permit or something? Also, is it legal to purchase fireworks online, as long as they meet a safe and sane standard? Also, I would most likely be celebrating with friends in Citrus Heights . . . does that make a difference? FYI, we would either use the street, or the driveway. I'm totally wi

Q. I share part of a fence with the neighbor behind me and they put a trampoline up against the fence so when their kids and friends jump they clear the top of the fence by a couple feet and look into my yard and home. Their yard is higher on the hill than mine which makes the trampoline sit even higher at the fence, and my yard is an odd wedge shape, narrowing on the side they have the trampoline so that the distance from my bedroom and living room window directly to where the trampoline sits is only about 10 yards. I've explained and asked them nicely once if they could "scooch the trampoline over a bit." This made the mom defensive and unreasonable and she later squirted me with her hos

Q: I want to sue a former neighbor in small claims court. She promised to pay half of the cost for a fence we built on the property line last year, but never did. She recently moved down to San Diego County. Do I have to go to San Diego to sue her, or can I do it in the Sacramento court? - Jessica   A: Picking the proper court to file your case can be tricky. If you file in the wrong court, your case may be dismissed, and you’ll have to start over again in the proper court. The proper court is called “venue” in legal terminology. California law has strict guidelines for determining proper venue. In some situations, there may be several courts that could be considered proper. In that sit

Q. I just won my small claims case against my landlord for wrongfully withholding my security deposit. Does the court collect for me?          Jenny A. The court will not collect the money for you. The court can issue the orders and other documents you may need to collect your judgment from the debtor. You can start the collection process when the time to appeal runs out (30 days after entry of the judgment); or if there was an appeal and you won, after the appeal decision (judgment) is sent back to the small claims court, usually about 10 days after the appeal decision. Encourage the debtor to pay you voluntarily and don’t resort to harassment or illegal collection methods. Some of the

Q: Until about a month ago, I was renting a room in a house from someone I thought was a reasonable lady. We had an argument, and she gave me 30 days notice to move out, saying that she would mail me my security deposit ten days after I had moved. The problem is, she kept $200 of my security deposit. Can I take her to small claims court for the money? -Randy A: Small Claims court is a common venue for security deposit disputes between a landlord and a tenant. It has the advantage of being very quick, with cases typically being heard in only a few months, and of being relatively inexpensive. If the two parties can’t reach a compromise, the tenant’s best remedy might be to sue the landlord